Can I patent a fictional character?

Can I Patent a Fictional Character?

Patenting a fictional character is a nuanced topic, as patents are typically granted for inventions or processes rather than literary or artistic creations. However, fictional characters can be protected under other forms of intellectual property law, such as copyright and trademark law.

Intellectual Property Protections for Fictional Characters

**Copyright**: Copyright protection is the most common form of protection for fictional characters. It covers the specific expression of the character, including its appearance, personality, and story elements.
**Trademark**: Trademark protection can be applied to fictional characters, especially if they are used in commerce. This includes names, logos, and distinctive features that are associated with a brand or product.

Copyright Protection

**Scope**: Copyright protects the specific depiction of a character, including visual and textual descriptions. This protection extends to any media where the character appears.
**Duration**: In the United States, copyright protection lasts for the life of the author plus 70 years for individual works, and 95 years from publication or 120 years from creation for works made for hire.
**Limitations**: Copyright does not protect the underlying idea of a character but rather its specific expression. General character traits, archetypes, or stock characters are not protected.

Trademark Protection

**Scope**: Trademarks protect names, logos, and other features used in commerce that distinguish goods or services. Fictional characters can be trademarked if they are used to brand merchandise, entertainment services, or other commercial products.
**Registration**: To obtain trademark protection, the character must be used in commerce and the trademark must be registered with the relevant trademark office.
**Duration**: Trademark protection can last indefinitely as long as the trademark is in use and properly maintained through renewals.

Examples of Fictional Character Protection

**Mickey Mouse**: Protected under both copyright and trademark law, Mickey Mouse is a prime example of a character that has extensive legal protection.
**Superman**: The character of Superman is protected by copyright for his literary and artistic expression and by trademark for his commercial use in products and media.

Challenges in Patenting Fictional Characters

**Non-Patentable Subject Matter**: Fictional characters do not fall under the categories of inventions or processes that can be patented. Patents are intended for new and useful inventions, such as machines, processes, or compositions of matter.
**Alternative Protections**: Creators of fictional characters should seek copyright and trademark protection to secure their rights and prevent unauthorized use.

Legal Framework and Governance

**United States Copyright Office**: Manages copyright registrations and provides resources on protecting literary and artistic works.
**United States Patent and Trademark Office (USPTO)**: Manages trademark registrations and offers guidance on trademark protection.

International Patent Classification (IPC)

While fictional characters themselves are not patentable, related technologies or methods of production might fall under relevant IPC classifications:

G06F – Electric Digital Data Processing
G09F – Displaying; Advertising; Signs; Labels or Nameplates; Seals
A63F – Card, Board, or Roulette Games; Indoor Games Using Small Moving Playing Bodies; Video Games; Games Not Otherwise Provided for

Questions about Patenting Fictional Characters